The case, which involves unions and advocacy groups suing over DOGE’s access to Social Security databases, will proceed in district court.
An appeals court this week dismissed the Trump administration’s appeal of a lower court order that blocked the Department of Government Efficiency (DOGE) from obtaining Social Security data.
In an order on Tuesday, the U.S. Court of Appeals for the Fourth Circuit dismissed the government’s appeal and argued that the government lacks the jurisdiction to bring the appeal. The case will now proceed in a district court.
“Having assessed the contention of the parties, this appeal is dismissed for lack of jurisdiction,” the brief order said.
A concurring opinion issued by an appeals court judge was included in the order, which reads: “In resolution of the pending motion for a preliminary injunction, the parties should explain in specific detail the basis for their respective arguments. Generalized explanations are unlikely to meet the burdens of proof required.
“Furthermore, I recommend the district court move expeditiously and without delay to render its opinion on the motion for preliminary injunction while also allowing the introduction of relevant evidence.”
On March 20, U.S. District Judge Ellen Hollander in Maryland blocked DOGE from accessing Social Security databases that hold privately identifiable information of Americans and suggested DOGE may be looking for alleged fraud where none is present. Her order also required DOGE to delete any such data it may have obtained from the Social Security systems.
Plaintiffs who brought the suit include unions and advocacy groups such as the American Federation of State, County, and Municipal Employees (AFSCME); the Alliance for Retired Americans (ARA); and the American Federation of Teachers (AFT). Democracy Forward, which bills itself as a left-leaning legal group, helped bring the lawsuit.
“We are pleased the 4th Circuit agreed to let this important case continue in district court,” Richard Fiesta, head of the Alliance for Retired Americans, said in a statement released by Democracy Forward. “Every American retiree must be able to trust that the Social Security Administration will protect their most sensitive and personal data from unwarranted disclosure.”
